Current policy developments at EU level

RISE Network Workshop: Athens, 21-22 November 2016

The European Agenda on Migration, the European Commissions framework for asylum and migration
policy, is being implemented against a very adverse political climate for refugees. After the closure of
the Balkan route and the EU-Turkey deal of 18 March 2016, the European Commission announced in
a Communication of 6 April 2016 its intention towards a third phase of asylum harmonisation by
reforming all legislative instruments of the Common European Asylum System, with a view to
restricting protection space and reducing the attractiveness of Europe to refugees. The first three
proposals (Dublin, Eurodac, Asylum Agency) were tabled on 4 May 2016 and another four
(Procedures, Qualification, Reception, Resettlement) were submitted on 13 July 2016, proposing a
wide range of restrictions and punitive measures against asylum seekers and refugees in the EU.

The specific objectives of this substantial reform are often inconsistent: on one hand, the proposals
aim (1) to facilitate integration in the EU, but on the other they (2) externalise responsibility to third
countries and (3) impose sanctions to prevent secondary movements within the EU. These objectives
are pursued through further harmonisation, which will leave Member States less room for adopting
different standards. Several elements raise serious protection and integration concerns including:

Asylum Procedures Regulation / Dublin Regulation

Obligatory use of safe country concepts for all Member States;
Safe country concepts are to be applied before applying the Dublin Regulation;
Obligation to apply in the first country of arrival, which maintains responsibility perpetually.

Qualification Regulation
Obligatory use of the internal protection alternative before recognising a person as a refugee;
Obligatory review of status upon renewal of the residence permit, which now lasts strictly 3
years for refugees and 1 year for subsidiary protection beneficiaries;
Possibility to withdraw social assistance if a person does not participate in integration
measures.

Reception Conditions Directive

Reception conditions only in the country responsible under the Dublin Regulation;
More possibilities for restricting freedom of movement and detention, to prevent secondary
movements.

Eurodac Regulation
More personal details collected, through fingerprints and photographs, from more people;
Detention and possible physical coercion if a person refuses to give fingerprints and a photo.

Beyond the CEAS reform, the EU is also pursuing agreements with other third countries to externalise
responsibility for protection and step up returns, similar to the model used for the EU-Turkey deal.
The Partnership Framework launched in June 2016 has led to negotiations with countries
including Nigeria, Niger, Ethiopia and Egypt, with a view to pushing for readmission of
migrants in exchange for development aid and other forms of cooperation.
A political agreement with Afghanistan was also finalised in October 2016, which focuses on
returning Afghans to their country of origin in exchange for financial aid.